Excess of revenues in telecommunications funds

The Universalisation of telecommunications services (Fust), 9,998/2000 introduced by law, is intended to provide resources to cover the portion of cost exclusively attributable to the fulfilment of the obligations of universalisation of telecommunications services, which cannot be recovered with the efficient exploitation of the service, in accordance with the provisions of item II of art. 81 of LGT.

The Fund for the technological development of telecommunications (Funttel), established by Law

10,052/2000, aims to stimulate the process of technological innovation, promote the training of human resources, fostering job creation and promote the access of small and medium-sized enterprises to capital resources, so as to enhance the competitiveness of Brazilian industry of telecommunications, pursuant to art. 77 of LGT. It turns out that the revenues of the three funds (Fistel, Fust and Funttel), year by year, make up with significant excess amounts of revenues, generating financial surplus is always transferred to the National Treasury. With respect to the applications of resources collected what they say the laws establishing these funds?

Fistel law (art. 3 and their sub-paragraphs) says: in addition to the payments to the National Treasury and to the Fust, the funds will be applied by Anatel solely on surveillance of telecommunications services. The law of Fust (art. 11) says: the positive balance of Fust, the annual balance sheet, will be transferred as a credit of the same Fund for the following year. And the law of the Funttel (art. 7) says: the resources intended for the Funttel, unused until the end of the year, calculated in the annual balance sheet, will be transferred as a credit of the same background in the following financial year.

In 1997 the 2014, Fistel accumulates $ 62 billion of revenues. From 2001 to 2014, the Fust accumulates $ 18 billion and Funttel r $ 5 billion. Only in 2014, the Fistel grossed R $ 8.5 billion, the Fust and Funttel r $ 1.8 billion $ 0.6 billion. To oversee the services of telecommunications, annually the FCC applies less than 20% of that raises with Fistel. Proceeds from the Fust practically is not applied on purpose in the law that created the mood and Funttel, although part is intended for a few projects, suffers heavy contingenciamentos to each exercise.

Then, the three funds established are actually gerrymandered for applications that do not those laid out in laws that created them. So, why not reduce the value of the Fistel rates in order to generate the corresponding effectively to the needs of the Fcc? Why not repeal the laws of Fust and Funttel, since resources are not used and the end of the exercises are being transferred to the National Treasury in disregarding the law?

In order to listen to the demands of consumers, who pay the heavy Government taxes (not to mention the GST), which seek to adjust rates, taxes and contributions on telecommunications services, within a context in which we can achieve the spread of these services to the Brazilian population, with quality, fair prices, less encumbered by Fiscos and without intent to simply increase the excess of revenues to be transferred to the National Treasury.